TERMS & CONDITIONS

1.  Acceptance of the Quotation (fixed cost) or Estimate (costing where there are items clearly highlighted and agreed as a contingency sum / To Be Confirmed) means that the Client has read and understood the terms and conditions set out below.  Any queries should be clarified before the job specification and associated costings (referred to here as The Contract) are accepted and The Works (the work referred to in The Contract) have begun.

2.  All Contracts must be confirmed in writing before work commences. Email confirmation is acceptable but there should be reference to date, quote number/ref, and a statement of acceptance of the terms and conditions herein, in order that the Contract is legally binding.

3.  No liability can be accepted for alterations to the works as shown in the Contract, unless agreed in writing. 

4.  A charge will be made for any additional works carried out, on instruction from the Client, and not specified in the Contract.  Additional labour will be charged by the hour. All costs are subject to Vat at the current rate. Additional materials shall be quoted for and agreed to, before these added works are undertaken.

5.  The Client will provide access to water, electricity and toilet facilities wherever possible for use by the Contractor in carrying out the work agreed. The provisions of these services and facilities shall be at the sole cost of the client.

6.  The Client will provide access to the Site during the Contractor’s normal working hours; winter months: 8am - 5pm, summer months: 7.30am – 7.30pm, including weekends.

7.  The Client will remove and dispose of any pet waste before Works begin.

8.  Prior to the Works commencing, the Client will move any garden furniture/children’s play equipment/ garden plant pots etc. obstructing the area where Works are taking place.

9.  The Contractor may photograph and/or video Works on the Site as a record of work carried out. Such photographs/videos may also be used by the Contractor for marketing purposes on their website and social media platforms, unless the Client explicitly requests that the Contractor does not use such images for this purpose. All photographs / videos are the property of the Contractor, including any sent by the Client to the Contractor relating to the Works.

10.  Should work extended 3 working days a portable toilet will be allowed on site for the Contractor

11.  We ask that the Client ensures there is adequate access to the Site e.g. that all vehicles and other obstacles are removed, that gates, doorways and passageways are clear of obstruction and unlocked, that neighbours are notified where access is required to carry out the work. We also request that all dog mess be cleared from the Site, if the works cannot be carried out the team will leave the site and you may still be charged.

12.  The Client should inform AJ SPARKS LANDSCAPING AND MAINTENANCE LTD regarding any springs, flooding, rock, mine workings, covered wells or other cavities, running sand, service pipes and cables, sewage or land drains, foundations and sub-structures of former buildings or other hazards or obstructions except those which are reasonably apparent by inspection of the site prior to the date of the Contract. A full site survey can be carried out by AJ SPARKS LANDSCAPING AND MAINTENANCE LTD before commencing works and this should be requested in writing. Upon completion of which, Harrington Porter cannot accept any liability for any sub-surface issues should they arise unless revealed in the survey. 

13.  Should additional work arise due to unknown or undisclosed structures such as those outlined in clause 12 above, then AJ SPARKS LANDSCAPING AND MAINTENANCE LTD may be required to add additional labour to the project or extend the project timelines. This will impact the costs associated with the project which will be reviewed and agreed with the client before proceeding further.

14.  The Client needs to ensure they have obtained all permissions, given all notices and paid all fees required under any regulation or bylaw of any local authority/statutory undertaker/other authority having any jurisdiction with regard to the Works unless request has by made to AJ SPARKS LANDSCAPING AND MAINTENANCE LTD to carry this out on your/the client’s behalf. You/the Client shall indemnify AJ SPARKS LANDSCAPING AND MAINTENANCE LTD against any claim/proceedings/loss or expense resulting from you/the Client failing to gain permissions/give notices/pay fees required in whole or in part. AJ SPARKS LANDSCAPING AND MAINTENANCE LTD will agree with the client, where appropriate, permissions that they will seek on behalf of the Client.

15.  Congestion Charges: where the Site falls within the congestion charging zone, then all costs levied on our vehicles attending the job site in connection with the Works will be charged in addition to the costs agreed in The Contract.

16.  We ask for parking permits or parking costs for vehicles attending the job site in connection with The Works and these costs will be charged in addition to the Contract sum, on completion of The Works.

17.  Our terms of trading:

17.1:  The payment schedule shall be arranged upon accepting the Quotation (fixed cost) or Estimate (costing where there are items clearly highlighted and agreed as a contingency sum / To Be Confirmed)

17.2:  All materials remain the property of AJ SPARKS LANDSCAPING AND MAINTENANCE LTD until the account has been settled in full

18.  AJ SPARKS LANDSCAPING AND MAINTENANCE LTD shall have lien on all goods and materials remaining on site until full payment of all monies have been made.  The company shall have free access to enter the site to remove such goods and materials.

19.  AJ SPARKS LANDSCAPING AND MAINTENANCE LTD hereby excludes liability to the Client for any loss, cost or damage of any kind arising out of or as a consequence of its failure to perform or complete the Works by reason of matters beyond AJ SPARKS LANDSCAPING AND MAINTENANCE LTD control and which it could not have reasonably foreseen at the date of the Contract.

21.  Any concerns or complaints after the Works have been finished should be given to AJ SPARKS LANDSCAPING AND MAINTENANCE LTD within 7 days of completion of Works.

22.  AJ SPARKS LANDSCAPING AND MAINTENANCE LTD cannot accept liability for any defects to the Works caused by summer drought, landslip, tree root damage, water deprivation and severe weather conditions. 

23.  AJ SPARKS LANDSCAPING AND MAINTENANCE LTD cannot accept responsibility for damage to local statutory services i.e. gas, electrical cables, water and drainage as notice should have been given on their locations prior to work commencing.

24.  Planting and turfing. Separate watering and plant/turf care guides are sent to you/the Client on completion of The Works. It is the responsibility of the Client to carry out this care in accordance with these guides and no responsibility for plants and turf will be taken by AJ SPARKS LANDSCAPING AND MAINTENANCE LTD once the Works have been completed. The plants we use have no specific guarantee from our suppliers once they leave their nurseries.

25.  AJ SPARKS LANDSCAPING AND MAINTENANCE LTD will agree appropriate material and installation guarantees for specific Works at yours/the client’s request. However we do not have a standard set of terms of guarantee due to the nature our work. Dated certificates can be provided, as evidence of our membership to recognised landscaping 

26.  Validation of Quotes shell be seen on the Quotation (fixed cost) or Estimate (costing where there are items clearly highlighted and agreed as a contingency sum / To Be Confirmed)

27.  Late payment of invoices for completed works, beyond our 14 day payment terms, will be subject to a 5% monthly interest charge (on all outstanding amounts). In addition a £50.00 administration charge will be added to each subsequent invoice, limited to one per month. AJ SPARKS LANDSCAPING AND MAINTENANCE LTD, once written/email agreement (as per Point 2) has been received, we/AJ SPARKS LANDSCAPING AND MAINTENANCE LTD reserve the right to enforce late payment charges in accordance with our terms and conditions.

28.  This contract shall be regarded as an English contract and shall be construed and the rights of the parties and all matters arising hereunder determined in all aspects according to the Law of England and Wales.